WASHINGTON, D.C.- The Justice Department announced today that it has
closed an investigation into the city of Balch Springs, Texas, regarding the
exclusion of religious speech from the city-owned Balch Springs Senior Center.
Earlier today, the city reached a court-filed settlement agreement with
seniors who filed a private suit challenging the city’s policy. The settlement
permits religious expression by seniors on an equal footing with other types
of expression.

The Department’s investigation, opened in November of 2003, stemmed from the
city’s August, 2003 decision to stop allowing seniors at the city-owned
multi-purpose senior center to pray before meals, sing gospel songs and listen
to a weekly devotional speech given by a Protestant minister who was also a
member of the center. All of these activities were voluntary and run by
involved seniors at the center, and not by the city or its employees. The
focus of the Department’s investigation was whether the city’s prohibition on
religious speech, while permitting members to engage in speech on a variety of
topics from other viewpoints, violated the Free Speech and Equal Protection
Clauses of the Constitution, and Title III of the Civil Rights Act of 1964,
which bars discrimination in public facilities based on religion.

On December 22nd, the Balch Springs City Council voted unanimously to lift the
ban on religious activity at the center and to adopt a policy that will permit
speakers to address center members without regard to the content or viewpoint
of the address.

“Senior citizens should not be forced to check their faith at the door in
order to participate in city-run programs and facilities,” said R. Alexander
Acosta, Assistant Attorney General for Civil Rights. “There is a critical
difference between government-sponsored religious speech, which raises
legitimate concerns about government neutrality toward religion, and the
personal religious expression of citizens who wish to engage in activities
such as voluntary prayer before meals.”

Individuals who believe they may have been victims of religion-based
discrimination in the areas of housing or land-use may call the Justice
Department’s Housing and Civil Enforcement Section at (202) 514-4713 or (800)
896-7743. Additional information is available at the Department’s website,
<http://www.usdoj.gov/crt/religdisc/religionpamp.htm>.